Quinnipiac Brewing Co. v. Fitzgibbons
Supreme Court of Connecticut
Action to foreclose three mortgages, to have another mortgage declared null and void as to the plaintiff’s lien, and for other equitable relief, brought to the Superior Court in New Haven County and reserved by that court, George W. Wheeler, J., upon an agreed finding of facts, for the consideration and advice of this court. The complaint contains four counts.
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Action to foreclose three mortgages, to have another mortgage declared null and void as to the plaintiff’s lien, and for other equitable relief, brought to the Superior Court in New Haven County and reserved by that court, George W. Wheeler, J., upon an agreed finding of facts, for the consideration and advice of this court. The complaint contains four counts. The first three ask for the foreclosure of three mortgages upon two pieces of land formerly owned by Fitzgibbons, which mortgages were given by him to the Derby Savings Bank and have been by it assigned to the plaintiff. The fourth…
1Opinion of the CourtTorrance, J.
The relation of the principal parties in this case to each other, and to the property described in the complaint, may be briefly stated-in this way: In January, 1895, Fitzgibbons was the owner of lots A and B, worth $3,100 over and above the mortgages placed by him thereon, and by a conveyance, which was voidable as against the plaintiff, he then transferred said lots to his wife. Subsequently, in 1895, he and his wife, by a deed in which both joined, mortgaged said lots A and B, the title to which then stood in the wife’s name, and also lots O, D and E, which last three were her sole…
2Cases cited5 opinions
- Savings Bank v. CreswellSupreme Court of the United States · 1880
- Ayres v. HustedSupreme Court of Connecticut · 1843
- Stevens v. ChurchSupreme Court of Connecticut · 1874
- Ansonia National Bank's Appeal from CommissionersSupreme Court of Connecticut · 1889
- Kennelly v. KellySupreme Court of Connecticut · 1883
3Cited by9 opinions
- Morgan Guaranty Trust Co. v. HuntingtonSupreme Court of Connecticut · 1962
- Carter v. Tanners Leather Co.Massachusetts Supreme Judicial Court · 1907
- Weidemann v. Springfield Breweries Co.Supreme Court of Connecticut · 1906
- New Haven Bank N. B. A. v. JacksonSupreme Court of Connecticut · 1935
- McCarthy v. KurkjianCalifornia Court of Appeal · 1924
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